M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The opposite party published a booklet, announcing a housing scheme, and attracted by the same, the complainant had agreed to purchase house site No.13, and entrusted the construction work also to the opposite party, fixing total cost of Rs.450000/-. The site area was 1144 sq.ft., and building area agreed was 610 sq.ft. In addition to the above cost, for staircase and additional room, the complainant paid a sum of Rs.79000/-. The opposite party who had agreed to construct the building, as per the specification, committed defect in construction, as detailed in paragraph 5 of the complaint, in addition not providing athikadavu drinking water, resulting the complainant incurring expenses of Rs.1300/- p.m for purchasing water. Though the sale deed was executed, that was not delivered to the complainant, in addition to the defective construction. Thus the opposite party had committed deficiency, causing mental agony, that should be rectified, issuing proper order, for which this complaint is filed.
(3.) The opposite party admitting that he had rendered service to the complainant, as well the purchase of site and construction agreement, in a way admitting the total payment also, resisted the complaint, that he has given extra land, measuring 528 sq.ft., for which he is entitled to extra cost, that for the construction of additional room, though a sum of Rs.79000/- was fixed, that amount was not paid, that there was no portico, and mosaic tiles in the specification, but was provided, for which the opposite party is entitled to a sum of Rs.79,442/- from the complainant, that within the specified time, possession was handed over, that when the amount payable to the opposite party, demanded, without any basis, a consumer complaint came to be filed, which is liable to be dismissed, that even without prejudice to the above said defence, the complainant is willing to rectify the genuine defects, if found, thereby praying for the dismissal of the complaint.;